Publications

  • Filter by:

Rules: Commencement of Proceedings in Queen’s Bench


There are two basic types of court proceedings in the Court of Queen’s Bench: actions and applications. The General Rewrite Committee is of the view that the distinction between actions and applications should be retained. It favours having two ways to commence proceedings: one for actions and one for applications. It proposes to discard the archaic petition, and instead provide that in circumstances previously calling for the use of a petition, applications should be commenced […]

AREA OF LAW Administration of Justice Court Rules & Procedure Courts Procedure
TAGS , , , , , , , ,
FORMAT Publications
FILE cm0121.pdf

October 4, 2002

Rules: Document Discovery and Examination for Discovery


Regarding the timeline for filing and serving an affidavit of records and the penalties for failing to comply with the rules in this regard, the Committee proposes that there be a specific onus on the party who failed to file the affidavit of records within the prescribed time to show why they should not incur a prescribed penalty. Regarding the appropriate scope of discovery of records the Committee proposes to keep the present test for […]

AREA OF LAW Administration of Justice Court Rules & Procedure Courts Procedure
TAGS , , , , , , , ,
FORMAT Publications
FILE cm0122.pdf

Rules: Document Discovery and Examination for Discovery


Regarding the timeline for filing and serving an affidavit of records and the penalties for failing to comply with the rules in this regard, the Committee proposes that there be a specific onus on the party who failed to file the affidavit of records within the prescribed time to show why they should not incur a prescribed penalty. Regarding the appropriate scope of discovery of records the Committee proposes to keep the present test for […]

AREA OF LAW Court Rules & Procedure Procedure
TAGS , , , , , , , ,
FORMAT Publications
FILE cm0122.pdf

October 2, 2002

Rules: Commencement of Proceedings in Queen’s Bench


There are two basic types of court proceedings in the Court of Queen’s Bench: actions and applications. The General Rewrite Committee is of the view that the distinction between actions and applications should be retained. It favours having two ways to commence proceedings: one for actions and one for applications. It proposes to discard the archaic petition, and instead provide that in circumstances previously calling for the use of a petition, applications should be commenced […]

AREA OF LAW Court Rules & Procedure Procedure
TAGS , , , , , , , ,
FORMAT Publications
FILE cm0121.pdf

October 1, 2002

Creditor Access to Future Income Plans


This project addresses the question of whether registered retirement savings plans (RRSPs), deferred profit-sharing plans (DPSPs) and registered retirement income funds (RRIFs) should be exempt from the remedies of creditors. The present law is examined in depth, and looks at the conflicting policies relevant to the present study, as well as issues that arise from these conflicts. Issues raised in the memorandum are the pros and cons of whether Alberta law should recognize any exemption […]

AREA OF LAW Corporate and Commercial Personal Property Property
TAGS , , , , , ,
FORMAT Publications
FILE cm11.pdf

June 4, 2002

Creditor Access to Future Income Plans


This project addresses the question of whether registered retirement savings plans (RRSPs), deferred profit-sharing plans (DPSPs) and registered retirement income funds (RRIFs) should be exempt from the remedies of creditors. The present law is examined in depth, and looks at the conflicting policies relevant to the present study, as well as issues that arise from these conflicts. Issues raised in the memorandum are the pros and cons of whether Alberta law should recognize any exemption […]

TAGS , , , , , , ,
FORMAT Publications
FILE cm011.pdf

June 1, 2002

Enduring Powers of Attorney, Issues Paper 5


The Alberta Law Reform Institute is considering whether to prepare a report and recommendations for the adoption of additional safeguards against abuse of Enduring Powers of Attorney (“EPAs”). In order that its consideration may be properly informed, the Institute solicits the comments and advice of the reader on these two questions: Should the law provide additional safeguards against abuse of Enduring Powers of Attorney (“EPAs”)? If the law should provide additional safeguards, what should the […]

AREA OF LAW Wills and Succession Family Law
TAGS , , , , ,
FORMAT Publications
FILE IPNo.5.pdf

February 4, 2002

Non-Resident Trustees Under the Dependent Adults Act, Final Report 86


A trustee under the Dependent Adults Act of Alberta handles some or all of the financial affairs of a dependent adult, depending on the terms of the trusteeship order. An individual cannot be appointed a trustee under the Dependent Adults Act unless the individual is a resident of Alberta. The Act’s prohibition of non-resident trustees creates significant practical difficulties if the only suitable or most suitable potential trustee is a non-resident or if an Alberta trustee is appointed and […]

AREA OF LAW Wills and Succession Family Law
TAGS , , , , , , ,
FORMAT Publications
FILE fr086.pdf

January 29, 2002

Recognition of Rights and Obligations in Same Sex Relationships, Research Paper 21


In 1999, in M. v. H. (1999), 171 DLR (4th) 577 (SCC), the Supreme Court of Canada determined that any legislation which provided access to court-enforced spousal support rights to opposite-sex unmarried couples, while denying that access to equivalent same-sex couples, was unconstitutional (in that it violated s 15(1) of the Charter and was not saved by s 1) This paper surveys Alberta legislation current to the time of publication, and determines there are several points on inconsistency between […]

AREA OF LAW Family Law Marriage & Divorce
TAGS , , , ,
FORMAT Publications
FILE RPNo.21.pdf

January 3, 2002

Standardizing Limitation Periods for Actions on Insurance Contracts


When the new Limitations Act came into force on March 1, 1999, a number of changes were made to the limitation law in Alberta. The limitation periods for actions on insurance contracts is in a state of confusion, several of the limitation periods that the Insurance Act prescribes are inconsistent with the general limitation periods in the Limitations Act. The scope of this project addresses issues which relate to rationalizing limitation periods for actions against insurers. The issues addressed and […]

AREA OF LAW Administration of Justice Corporate and Commercial Courts Limitation of Actions Procedure
TAGS , , , ,
FORMAT Publications
FILE cm10.pdf

December 4, 2001